1. Introduction: Statement of problem
Research plan
Literature review
2. United States and English law under judicial review: Untied States
England
Framers' intent
Judicial restraint
Democratic checks
Public opinion
Role of the court
United States case law and Supreme Court decisions
3. Early methods of fact finding: Ordeals of combat
Compurgation
The early "Bill of Rights"
4. The right to silence under United States law: Non-testimonial self-incrimination
Miranda and Escobedo
State compelled self-incrimination
Public expectations of the government
The use of psychology in interrogation; At what risk to remain silent?
Immunity and self-incrimination
Multiple personalities and self-incrimination
Miranda and its effects
5. English law and suspects' rights: Miranda - English style
Civil and criminal law; Non-testimonial self-incrimination
Multiple personality disorder
Immunity and English law
The "new" caution; Areas of concern
6. The Supreme Court's ruling and the Bill of Rights
7. Public attitudes concerning the right to silence: United States polls and surveys
Polls and surveys - England
8. Conclusion: Is there an alternative?
Appendix: 1. The use of immunity: Pocket immunity
Federal statutory immunity
Compelled or forced testimony
2. The privilege against self-incrimination: Immunity and the privilege against self-incrimination
Statutes that grant immunity
3. Areas where fifth amendment privilege against self-incrimination does not apply
4. England - self incrimination
5. England - withdrawal of privilege against incrimination of self or spouse in certain proceedings
6. England - privilege against incrimination of self or spouse in certain proceedings.